ABA Ethics Commission 20/20ABA Ethics Commission 20/20

Presentation by Stephanie Kimbro, Esq., Presentation by Stephanie Kimbro, Esq., Owner of Kimbro Legal Services, LLC and Co-Owner of Kimbro Legal Services, LLC and Co-Founder of Virtual Law Office Technology, LLC Founder of Virtual Law Office Technology, LLC

(VLOTech)(VLOTech)

Contact Info:Contact Info:Email: Email: slk@kimbrolaw.comslk@kimbrolaw.comTwitter: @StephKimbroTwitter: @StephKimbro

Blog: www.virtuallawpractice.orgBlog: www.virtuallawpractice.org

What is virtual law practice?What is virtual law practice?

A virtual law office is a professional law A virtual law office is a professional law practice that is located online through a practice that is located online through a secure portal and is accessible to both the secure portal and is accessible to both the client and the attorney anywhere the client and the attorney anywhere the parties may access the Internet. parties may access the Internet.

Other terminology: VLO, virtual law firm, Other terminology: VLO, virtual law firm, web-based law practice or online law web-based law practice or online law practice. practice.

What virtual law practice is notWhat virtual law practice is not Virtual law practice is not :Virtual law practice is not :

an online website that sells legal documents without attorney review, an online website that sells legal documents without attorney review, such as LegalZoom and other web-based companies selling online legal such as LegalZoom and other web-based companies selling online legal formsforms

a law firm website with an email “contact us for a free quote” form for a law firm website with an email “contact us for a free quote” form for prospective clients prospective clients

communication by email even if sent through a law firm’s websitecommunication by email even if sent through a law firm’s website a rented physical office that may be shared with other professionals a rented physical office that may be shared with other professionals

along with a receptionist service along with a receptionist service VPNs, extranets and other services, such as GoToPC and LogMeInVPNs, extranets and other services, such as GoToPC and LogMeIn a conglomeration of attorneys in remote locations pooling resources and a conglomeration of attorneys in remote locations pooling resources and

communicating over the Internetcommunicating over the Internet a law practice based in a virtual reality world, such as Second Lifea law practice based in a virtual reality world, such as Second Life

Not all legal SaaS products providing web-based practice management Not all legal SaaS products providing web-based practice management tools create virtual law offices.tools create virtual law offices.

How Attorneys Use Virtual Law OfficesHow Attorneys Use Virtual Law Offices

Completely Web-basedCompletely Web-based Unbundled or limited legal servicesUnbundled or limited legal services

Integrated into a traditional law officeIntegrated into a traditional law office Unbundled and full-serviceUnbundled and full-service

As a transition method to allow them to continue As a transition method to allow them to continue to practice law while meeting other personal and to practice law while meeting other personal and professional needs:professional needs: To raise familiesTo raise families To care for ill spouses or aging parentsTo care for ill spouses or aging parents To ease into retirementTo ease into retirement After layoffs, to start a solo practice or work while After layoffs, to start a solo practice or work while

searching for another legal jobsearching for another legal job

Why is Virtual Law Practice Important?Why is Virtual Law Practice Important?

For the PublicFor the Public Greater access to justiceGreater access to justice Affordable and accessible legal services for lower and moderate income Affordable and accessible legal services for lower and moderate income

individualsindividuals Pro-se litigantsPro-se litigants Pro bono opportunitiesPro bono opportunities

For the Legal ProfessionFor the Legal Profession Better quality of life through work/life balance and flexibilityBetter quality of life through work/life balance and flexibility Technology streamlines and automates much of the routine work Technology streamlines and automates much of the routine work

allowing the attorney to focus on practicing lawallowing the attorney to focus on practicing law Technology may help prevent malpractice through automated checks Technology may help prevent malpractice through automated checks

and processesand processes Lower overhead, less office waste, eco-friendlyLower overhead, less office waste, eco-friendly Expanded client base, increased competitionExpanded client base, increased competition

What are the concerns?What are the concerns? Many of these risks are similar to the ethics and malpractice risks Many of these risks are similar to the ethics and malpractice risks

seen in a traditional law practice. However, here the risks may be seen in a traditional law practice. However, here the risks may be decreased through the use of the checks and processes built into decreased through the use of the checks and processes built into the technology.the technology.

Some concerns unique to VLOs include:Some concerns unique to VLOs include: UPLUPL

In other jurisdictionsIn other jurisdictions By non-licensed professionalsBy non-licensed professionals

CompetencyCompetency Establishment of the Attorney/Client RelationshipEstablishment of the Attorney/Client Relationship

Defining Scope of Representation OnlineDefining Scope of Representation Online SecuritySecurity

Protecting client confidentialityProtecting client confidentiality SaaSSaaS

What should the response be to those concerns?What should the response be to those concerns?

It should be the responsibility of the It should be the responsibility of the individual attorneyindividual attorney to do the following: to do the following: Make the determination on a case by case basis: Can I competently handle this Make the determination on a case by case basis: Can I competently handle this

legal matter online or does it require in-person representation?legal matter online or does it require in-person representation? Understand the technology and the security risksUnderstand the technology and the security risks

Thoroughly question the prospective SaaS provider on the following issues:Thoroughly question the prospective SaaS provider on the following issues: Data Return and Retention PoliciesData Return and Retention Policies BackupsBackups End-to-end encryptionEnd-to-end encryption Confidentiality and non-disclosure statementsConfidentiality and non-disclosure statements Privacy policy – who has access to the law office dataPrivacy policy – who has access to the law office data Customer supportCustomer support Other terms of the license or service agreementOther terms of the license or service agreement Is the software designed for attorneys or the general public?Is the software designed for attorneys or the general public? Is sharing or security the primary focus?Is sharing or security the primary focus?

To avoid a chilling effect on future innovation in the delivery of legal services, any To avoid a chilling effect on future innovation in the delivery of legal services, any regulations on virtual law practice should be kept broad and easily adaptable to regulations on virtual law practice should be kept broad and easily adaptable to advancements in technology.advancements in technology.

How Can We Support Virtual Law Practice?How Can We Support Virtual Law Practice?

EducationEducation Committee for the Delivery of Legal ServicesCommittee for the Delivery of Legal Services Unbundled Legal ServicesUnbundled Legal Services Malpractice Insurance CarriersMalpractice Insurance Carriers State Bars State Bars

Law Practice and Ethics AdvisorsLaw Practice and Ethics Advisors

Broad, updated guidelinesBroad, updated guidelines For technology and securityFor technology and security

Emphasis on access to justiceEmphasis on access to justice Encourage providing legal services online to lower and Encourage providing legal services online to lower and

moderate income individualsmoderate income individuals Pro bono opportunitiesPro bono opportunities

Looking AheadLooking Ahead Features of a virtual law practice will continue to expand beyond Features of a virtual law practice will continue to expand beyond

what currently may be imagined. what currently may be imagined. The core function of a virtual law practice should remain the The core function of a virtual law practice should remain the

same - same - the ability to securely deliver legal services and work the ability to securely deliver legal services and work with clients and other legal professionals online through an with clients and other legal professionals online through an online portal. online portal.

The growth of online legal services is largely consumer-driven. The growth of online legal services is largely consumer-driven. The legal profession should step up to meet this need or the The legal profession should step up to meet this need or the

public will continue to use methods that are not safe or in public will continue to use methods that are not safe or in their best interest to acquire online legal services. their best interest to acquire online legal services.

Legal professionals are seeking guidance from the ABA and their Legal professionals are seeking guidance from the ABA and their state bars about how to safely and responsibility operate a virtual state bars about how to safely and responsibility operate a virtual law practice. Well-informed and regularly updated guidance is law practice. Well-informed and regularly updated guidance is needed.needed.